Reiser v. Portere
Michigan Supreme Court
Error to Wayne; Brevoort. J. Assumpsit by Anthony Beiser against Edward Portere lor goods sold. Defendant died pending an appeal from justice’s court, and the case was revived in the name of his administratrix, Jane Portere. From a judgment for defendant, plaintiff brings error.
1Opinion of the CourtGrant, J.
Plaintiff sued Edward Portere in justice’s court to recover a balance of $153.67 for lumber alleged' to have been sold by plaintiff to him, and used in the construction of a house for Mr. Portere. Mr. Portere died after ain appeal had been taken to the circuit court. The defense was that Mr. Portere made a contract with plaintiff and one Krebs by which they agreed to furnish the material and build the house for $455, and that he had paid the contract price. Plaintiff gave evidence tending to show that he sold the lumber to Mr. Portere; that he was not in partnership with Krebs; and that Mr.…
2Cited by2 opinions
- Merrill v. LeisenringMichigan Supreme Court · 1911
- Cornelissen v. OrtMichigan Supreme Court · 1903